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Sue for false allegations of child abuse?

Discussion in 'Other Family Law Matters' started by ariel91, Jan 27, 2011.

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  1. ariel91

    ariel91 Law Topic Starter New Member

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    My fiance was recently falsely accused of sexually molesting my son. The accusers were my ex and his grandmother whom he resides with.

    The allegations were proved false.

    Can we now sue for defamation of character and emotional distress? I have since had to up anti-depressants and see my doctor for that. The whole ordeal has been extremely exhausting on my family and my kids.
     
  2. army judge

    army judge Super Moderator

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    The use of the pronoun "we" isn't appropriate.

    However, "he" can sue for IIED or malicious prosecution.

    That, however, isn't the question you should be asking.

    You should want to know, IF "he" did sue, could he recover?

    Doubtful, very doubtful.

    Why, you query?

    Because, IIED and malicious prosecution are very difficult torts on which a plaintiff can prevail.

    Forget about defamation of character.

    Again, you ask why?

    Because, your past had better be spotless if you try that tactic.

    The defendant can bring up your prior bad deeds, when you put forth your good deeds.

    It is your character that is on display when you seek a remedy for the tortious conduct associated with "defamation of character".
     
    Last edited: Jan 27, 2011
  3. CdwJava

    CdwJava Moderator

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    Essentially, your fiance would have to prove that the ex and his grandmother knowingly and intentionally made up these stories. It takes much more than an exoneration to show that someone lied with malicious intent.

    This is a very high burden to meet and absent an admission of such a tall tale it can be played off as a reasonable mistake.
     
  4. ariel91

    ariel91 Law Topic Starter New Member

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    Thanks for your replies. Is there a way that I myself can still sue for emotional distress? Or just forget it too?
     
  5. Proserpina

    Proserpina Moderator

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    The same burden would apply, ariel.

    You would have to prove malicious intent versus reasonable belief or mistake.
     
  6. ariel91

    ariel91 Law Topic Starter New Member

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    How can I and my fiance protect our family from such allegations?

    Because I know they will try to pull something else on us. They don't like my fiance because he is the one I left my X for.

    My X is still not over me and it's been 2.5 years, he still tries to talk to me, and get me to "hang out" which I haven't and have told him it's over.

    He has threatened me that he will take custody of our son.

    Is that malicious enough? I know it's a lot of harrassment and that I will start filing police reports from here on out.

    I myself am going to call DCFS to make allegations that they are talking to my son inappropriately, about things he shouldn't even know about that they say he is saying, when he's only 2 years old, almost three, but with a 6 month speech delay.

    And let them go through all the pain and exhaustion we have had to do. It isn't out of malicious intent but out of real concern for my sons emotional well being.
     
  7. army judge

    army judge Super Moderator

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    You're trusting too much in both of those things that you call men.

    It isn't unusual for boyfriends of women with small children to SEXUALLY MOLEST or ABUSE their children.

    You should keep BOTH eyes on that guy you trust implicitly.

    If your anger causes you to do the things you describe, it'll backfire all over you.

    Is that how you want to live?

    Keep this up, and you just might end up losing your child.

    This should be about PROTECTING your baby, not some dude that claims he wants to marry you.
     
  8. Proserpina

    Proserpina Moderator

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    Don't do that.

    You'll end up hurting your son, and hurting yourself in the process.

    Do you SERIOUSLY want to be tied up in a toxic co-parenting situation for the next sixteen YEARS?

    Because you're about to head down a very, very dangerous path.

    Choose your battles wisely.
     
  9. ariel91

    ariel91 Law Topic Starter New Member

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    I am not just trusting "some" dude. That was extremely rude of you! He is my fiance and I have a child with him also, he works, and cares for myself while I attend nursing college which I have one year left of so we can both give our children everything they need.

    This "dude" has never hurt my children, or myself. And has dealt with a lot of harrassment from my X as well over my son and myself because my X can't get over it. My X is a "grandmas boy" whom he lives with and she does anything for him to not have responsibility or pay child support, by throwing my son $20 bucks whenever he does see him.

    I know abusers normally come from people in the family, or someone close, or a family friend sometimes. I know it's normally not complete strangers.

    And I don't know what your definition of a man is, but mine is someone who works, takes care of their family, and even a child that isn't even theirs without complaining about the bum X who never gives child support or anything!

    Criticize me for being with my X, I know that mistake myself! But I was 15 years old.

    Thanks for your criticism, you just made yourself look stupid.
     
  10. ariel91

    ariel91 Law Topic Starter New Member

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    No I don't want to be tied up in battles and stress and exhaustion over things like this over and over again. I just don't know what else to do to protect my family from this happening again.

    I know their intent was malicious. I have several motives, and motives that my custody lawyer I went to talked to me about, because my X said he was going to file me for full custody, but turns out he's all talk, for now anyways.


    I just don't know what to do, to not have to go through this pain and exhaustion. It not only affects me, but my children, my fiance...Our normal life and routine, our extended family, it was just a bomb on us.
     
  11. ariel91

    ariel91 Law Topic Starter New Member

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    And I am trying to protect my children! If inappropriate things are being brought up to my child, I think that is emotional distressing to my child. Trying to turn my child against us, or exposing him to words and phrases he shouldn't be learning at this age.


    It was their intent to attack my fiance because they brought up his name to him. My son didn't come out and say a name, they asked him using my fiances name, and my son will repeat what you say right after. They grabbed it and ran for it and thought something would come out of it, and it didn't because it was false.

    If it is not worth the trouble I won't continue this game back and forth, because that is not my intent. I just don't want them to think they can keep calling DCFS whenever they find the littlest thing they can, they are digging for things, these people are self centered.
     
  12. army judge

    army judge Super Moderator

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    I don't care what you do.
    Nothing in your life will ever impact me.
    Your problems, successes, and choices are yours.
    And, as far as what you or others think about me, matters not to me.



     
  13. Proserpina

    Proserpina Moderator

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    ...but yet that's what you're thinking about doing.

    You don't call DCFS about them speaking to your child in a manner you find inappropriate. They are not in the business of mediating between two embittered parents.

    You MUST leave your anger and bitterness behind you because when all's said and one, the one who will be hurt most is your son.
     
  14. CdwJava

    CdwJava Moderator

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    If the two of you start playing tit-for-tat, the state just might intervene to both of your mutual chagrin. If your counter-claims are seen as retaliatory and without basis, then you could find yourself charged when your ex is not. Do not go down that route unless you want to give the ex the ammunition he wants to gain primary or sole custody.

    If you have concerns, address it in the proper venue - usually in the Family Court with regards to custody and visitation.
     
  15. ariel91

    ariel91 Law Topic Starter New Member

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    Obviously it does, otherwise you wouldn't of posted that. Maybe include it in your signature for future references?

     
  16. ariel91

    ariel91 Law Topic Starter New Member

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    Thanks, that is actually the next step I am waiting on. It's been several weeks since my X has seen his son, and yet he is "so concerned for his well being" but hasn't even petitioned me for visitation rights. It just leads back to his main motive, wanting what he wants, not what is best for his son. But anyhow, that'll be the next step, I definitly don't want to make it a back and forth game.

     

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